HomeMy WebLinkAbout2019 06 10 Public Hearing 402 - Second Reading of Ordinance 2019-09 regarding the Application, Notice, and Review Criteria Procedures for Special Zoning Permits PUBLIC HEARINGS AGENDA ITEM 401
1959
CITY COMMISSION AGENDA I JUNE 10, 20191 REGULAR MEETING
TITLE
West End Professional Center Monument Sign Special Exception and
Development Agreement Modification
SUMMARY
APPLICANTAND PROPERTY INFORMATION:
• Applicant/Property Owner's Name (s): West End Professional Center One
LLP
• Property Address(es): 1135 East State Road 434
• Property Parcel ID Number(s): 36-20-30-502-0000-0010
• Current FLUM Designation: Town Center District
• Current Zoning Designation: T-C (Town Center District)
• Development Agreements:
o Binding Development Agreement (2006)
o First Modification of Binding Development Agreement (2007)
o Second Modification to Binding Development Agreement (2008)
• Pending Code Enforcement Actions: None
• City Liens: None
APPLICABLE LAW, PUBLIC POLICY,AND EVENTS:
Home Rule Powers
Winter Springs Code of Ordinances
City of Winter Springs Comprehensive Plan
Project Overview
The applicant is seeking a Special Exception and modification to the Development
Agreement for the construction of one monument sign (Exhibit A) at the multi-
tenant office building located at 1135 E. SR 434. The subject property is located
within Transect 5 of the Town Center zoning district. Per Section 20-327.1 - Signs,
freestanding monument signs are permitted by special exception in the Town
Center along SR 434 frontage. The sign generally conforms to the standards set
forth in Section 16-82 "Special Supplemental regulations for properties located on
SR 434", pertaining to monument signs.The signs architectural features and colors
match the existing building and provide acceptable aesthetics in relation to the
surrounding Town Center buildings.
As part of the Binding Development Agreement, adopted December 11, 2006, by
the City Commission,the developer was required to construct six seat walls around
trees located in the plaza at the north end of the property. Only four of the six seat
walls were constructed. The proposed Third Modification to Binding Development
Agreement (Exhibit C) would reduce the number of seat walls required from six to
four. This modification would also allow for one of the four seat walls to contain a
monument sign and landscaping, as opposed to a tree, which was originally
required in the original Binding Development Agreement. Based on Staff review of
the plaza area, there will still be adequate seating in the plaza area with only four
seat walls.
At the May 23, 2019, Planning and Zoning Meeting, the Board recommended
approval of the Special Exception to construct a monument sign in the Town
Center with a S-0 vote.
Special Exceptions (Exhibit B)
The applicant is requesting approval of a Special Exception requests. In granting a
Special Exception, per the Town Center Code, the City Commission must find
substantial competent evidence that:
a) The proposed development contributes to, promotes, and encourages the
improvement of the Winter Springs Town Center and catalyzes other
development as envisioned in the Winter Springs Town Center regulations.
b) The proposed development will not have an unfavorable effect on the
economy of the Winter Springs Town Center and complies with the
economic fiscal impact requirements set forth in the City's Comprehensive
Plan and code.
c) The proposed development abides by all rules in this code other than those
specially accepted.
RECOMMENDATION
Staff recommends the approval of the Special Exception to construct a monument
sign in the Town Center and the Third Modification to Binding Development
Agreement related to seat wall requirements.
PUBLIC HEARINGS AGENDA ITEM 402
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RECOMMENDATION
Commission conduct a for
JUNE 5, 2019 LPA Meeting
ORDINANCE NO. 2019-09
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
WINTER SPRINGS, FLORIDA; AMENDING APPLICATION,
NOTICE, REVIEW CRITERIA, AND PROCEDURES REGARDING
SPECIAL ZONING PERMITS AND OTHER LAND USE
PERMITTING DECISIONS; MAKING CONFORMING
AMENDMENTS TO THE CITY CODE; PROVIDING FOR THE
REPEAL OF PRIOR INCONSISTENT ORDINANCES AND
RESOLUTIONS; INCORPORATION INTO THE CODE;
SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State
Constitution, to exercise any power for municipal purposes, except when expressly prohibited by
law; and
WHEREAS, the City Commission has conducted numerous public workshops to evaluate
and discuss updating and amending the City's land development code related to certain land use
decision making procedures including special zoning permits; and
WHEREAS, the City Commission desires to update and amend the City Code related to the
aforesaid; and
WHEREAS, the City's Land Planning Agency/Planning & Zoning Board has reviewed and
made a recommendation regarding this Ordinance at a duly advertised public meeting held on June 5,
2019; and
WHEREAS, the City Commission held a duly noticed public hearing on the proposed
changes to the land development code set forth hereunder and considered findings and advice of
the Land Planning Agency, staff, citizens, and all interested parties submitting written and oral
comments and supporting data and analysis, and after complete deliberation, hereby finds the
changes set forth hereunder serve a legitimate government purposes and are consistent with the
City of Winter Springs Comprehensive Plan; and
WHEREAS, the City Commission also hereby deems this Ordinance in the best interests of
the public health, safety and welfare of the citizens of Winter Springs.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA,AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this
reference as legislative findings and the intent and purpose of the City Commission of the City of
Winter Springs.
City of Winter Springs
Ordinance No.2019-09
Page 1 of 31
Section 2. Code Amendment. Chapter 20 of the City Code is hereby amended as follows
(underlined type indicates additions and str-ikeetA type indicates deletions, while asterisks (* * *)
indicate a deletion from this Ordinance of text existing in Chapter 20. It is intended that the text in
Chapter 20 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the
language existing prior to adoption of this Ordinance):
Chapter 20—ZONING
ARTICLE IL -ADMINISTRATION
DIVISION 1. - PROCEDURE; LAND USE DECISIONS
Sec. 20-26. -Intent and purpose.
The intent and purpose of this division is to set forth the uniform procedure for applying for
site plans, variances, conditional uses, rezonings, waivers, limited administrative waivers, and
administrative appeals as set forth in the Ci!y Code d4&-e�.
Sec. 20-27. - City commission; authority.
(aJ Unless otherwise provided in this chapter, the city commission shall render all final
decisions regarding site plans, rezonings, variances, conditional uses, waivers, certain limited
administrative waivers, and administrative appeals provided for in this chapter. The city
commission may impose reasonable conditions on any approved site plan, rezoning, variance,
conditional use, waiver, limited administrative waiver or administrative appeal to the extent
deemed necessary and relevant to ensure compliance with applicable criteria and other applicable
provisions of the city code and comprehensive plan. All formal decisions shall be based on
competent substantial evidence and the applicable criteria set forth in this chapter. The city
commission may adopt, by resolution or ordinance, quasi-judicial rules and procedures to
implement this article mien.
(b) For applications having one or more complex relevant and material evidentiary issues or
multiple interested parties with standing to present relevant and material evidence, the city
commission at its discretion may appoint, or direct the city manager to appoint, an advisory
hearing officer to conduct an evidentiary hearing required by this section on a case-by-case basis.
The advisory hearing officer shall be a member of the Florida Bar in good standing for five or
more years. The hearing officer must demonstrate satisfactory knowledge of municipal land use
and zoning law andeg neral procedures for quasi-judicial land use matters. Hearings conducted
pursuant to this subsection shall be noticed as required by this Division and the hearing officer
shalleg nerally conduct the hearing in accordance with applicable provisions of the city
commission's quasi-judicial procedures. The advisory hearing officer shall within a reasonable
time, not to exceed 30 days from the date the hearing is closed, submit in writing a report to the
city commission. Such report shall summarize the evidence submitted and considered and state
precisely the hearing officer's findings, conclusions and recommendations. The report shall be a
public record and shall be provided by mail and email to the applicant and any interested part.
The city commission shall consider the hearing officer's report at a public hearing. At the
City of Winter Springs
Ordinance No.2019-09
Page 2 of 31
hearing the applicant, interested parties and the public shall be permitted to comment on the
findings, conclusions and recommendations contained in the report. The city commission shall
also take such additional relevant and material testimony at the public hearing as deemed
necessary by the city commission to complete the hearing on the subject application, or the city
commission may refer the application back to the hearing officer to take additional relevant and
material evidence if necessary. The city commission may adopt or reject, in whole or in part, the
hearing officer's proposed findings, conclusions and recommendations. The city commission's
decision on the application shall be deemed final.
Sec. 20-28. -Due process; special notice requirements.
(a) All applicants shall be afforded minimal due process as required by law, including the right
to receive notice, be heard, present evidence, cross-examine witnesses, and be represented
by a duly authorized representative.
(b) Within five (5) business days of filing with the City or as soon as practicable, applications
filed under this Division shall be publicly_posted on the City's website on a web page
reserved for identifying Mending land use applications.
(hc) In addition to any notice requirements provided by state law, all public hearings under
this division shall be publicly noticed for at least seven (7) calendar dus prior to any
required planning & zoning board hearing and at least twenty (20) calendar days prior to any
required city commission hearing unless otherwise provided by subsections (d) and (e). fie
Said notice shall include the address of the
subject property, matter to be considered and the time, date and place of the hearing. The
notice shall be posted in the following manner:
(1) Posting the affected property on a sign form provided by the city.
(2) Posting at city hall.
(3) Notifying, by U.S. mail, all owners of real property adjacent to and within
approximately. f�effe—hundred fifty (43 500) feet of the subject property based on the
information contained in the property appraiser's or similar property database. In
addition, all neighborhood homeowner's associations registered with the Ci . and
located within one-half-mile of the property shall likewise be provided notice b
mail. Said mailing shall only, b�quired for the initial public hearing and shall not be
required for hearings that are continued to a date certain by the planning & zoning
board or city commission.
(4) Posting on the city's website and social media platform.
The notice requirements set forth in subsections (1), (2), fiffd (3) and 4 above are hereby
deemed to be courtesy notices. The failure to provide such courtesy notices shall not be a basis of
appealing any decision made under this division.
(d) Public hearings initially noticed as required by this section and then continued by the
planning & zoning board or city commission may be continued to a date certain without
compliance with the minimum seven (7) and twenty (20) calendar day requirement.
City of Winter Springs
Ordinance No.2019-09
Page 3 of 31
(e) Applications regarding an existing single-family home shall be publicly noticed for at
least seven (7) calendar days prior to any required planning & zoning board or city commission
hearing, and shall not require posting of the affected property.
Sec. 20-28.1. — Conceptual Plan Review — Non-Binding and Binding by Development
Agreement. Applicants may, at their option and sole cost and risk, submit site layout and
building elevation designs in schematic or sketch form to the city commission for a non-binding
and preliminary review as an initial courtesy to the applicant. These submittals are subject to a
more formal application process which requires the submission of more detailed plans and
specifications and requires a more detailed review and final consideration of approval by the city
commission. Comments and statements made by city officials at the preliminary review are non-
binding unless memorialized in a written agreement approved by the city commission. City staff
and the applicant shall only seek feedback from the commission and city staff shall not make a
formal recommendation regarding the proposed project at this time, unless the application is
accompanied by a written development agreement being proposed by city staff for the
commission's approval or during the preliminary review, a development agreement is pursued by
the city commission and the applicant. In which case, the city staff shall make a recommendation
regardingthe he application and proposed agreement. This non-binding and preliminary review
shall not be relied upon b, t�pplicant as a final decision and shall not be construed in any
manner as creating any vested right or entitlement for the development of the subject property_
By requesting and participating in the optional preliminary review process, the applicant shall be
deemed to have read and agreed to this code provision and to hold the city and its officials
harmless for any future actions they may have taken based on the results of a preliminary review
pursuant to this section.
Sec. 20-28.2. - Pre-application Meetin.AA prospective applicant, who desires to submit an
application for a development project which will require a community workshop under Section
20-29-1, shall be required to schedule and attend a pre-application meeting with the community
development department in order to discuss the application process and the proposed project.
For all other projects, it is recommended that applicants meet with the community development
department prior to submitting an application. No person may rely upon any comment made by
any participant at the pre-application conference as a representation or implication that the
application will be ultimately approved or rejected in an,. form.
Sec. 20-29. -Applications.
(a) The city manager or the city manager's designee is hereby authorized to prepare
applications in furtherance of this division. At a minimum, applications for conceptual plan
review shall require payment of an applicable application fee adopted by the city
commission. Applications for non-binding conceptual plan review shall contain the
information required by subparagraphs (l) through(6), site layout and building elevation
designs in schematic or sketch form, and such other preliminary information deemed
necessary b. t�pplicant or city staff to describe the development concept and the potential
on and off-site impacts of the proposed development. Additionally=all applications for site
1p ans, rezonings, variances, conditional uses, waivers, and binding development agreements
City of Winter Springs
Ordinance No.2019-09
Page 4 of 31
including binding conceptual plan approval, aad--admi4 at p shall be
accompanied by the applicable application fee adopted by the city commission and shall
contain the following information which shall be considered by the City when evaluating the
applicable review criteria:
(1) A general description of the relief sought under this division.
(2) A brief explanation, with applicable supporting competent substantial evidence and
documents, as to why the application satisfies the relevant criteria set forth in this
division.
(3) The name(s) of the owner(s) of the particular real property.
(4) If the applicant is other than all of the owners of the particular property, written
consent signed by all owners of the particular real property shall be attached.
(5) The legal description of the particular real property, accompanied by a certified survey
or that portion of the map maintained by the Seminole County Property Appraiser
reflecting the boundaries of the particular real property.
(6) The current and future land use and the zoning designations on the real property.
(7) For all new commercial development, new residential subdivisions of ten (10) or
more lots, conditional uses, waiver, variance, existing commercial buildings being
altered by percent or greater of the original floor area or seating capacity
requiring a modified site plan, or development agreements processed under section 20-
28.1 of the City Code, or as otherwise deemed applicable by the city to relevantly
competently examine an application for compliance with the city code and the affect
and impact the proposed use will have on neighborhood and surrounding_properties,
applicants shall be required to submit with the application the following information
except as provided by subsection (111
a. A current up-to-date tree survey and tree preservation and landscape plan,
b. A site plan, drawn to scale, which shall indicate:
1. Building elevations illustrating all side of structures, floor plans, locations and
orientations, and landscape areas,
2. Ingress and egress, emergency access, parking locations and number of spaces,
sidewalks and pedestrian and vehicle circulation within the site,
3. If applicable, stacking/queuing of vehicles, drop off zones, truck/delivery areas,
bike rack locations, and connections to adjacent properties,
4. Paved surfaces, materials and location(s),
5. Site location diagram and legal description,
6. Signage;
7. Wetland and floodplain boundaries,
8. Screening, buffering and lighting plans, and
9. Such other relevant information regarding the proposed site.
City of Winter Springs
Ordinance No.2019-09
Page 5 of 31
c. A Parkin _g analysis, prepared by a duly qualified expert,justifyin _g the proposed parking analysis, Prepared by a duly qualified expert,justifying g the Proposed Parking
solution,
d. An economic fiscal impact report, prepared by a duly qualified expert, in compliance
with the requirements set forth in the City's Comprehensive Plan and Code, if applicable
and required by the city;
e. A traffic study and analysis, prepared by a duly qualified expert, regarding both the
estimated impact of the proposed project on the neighborhood and surrounding
properties and the established level of service on affected roads,
f. A stormwater management plan,
g. A noise study to analyze current and proposed noise levels as well as methods of sound
attenuation, if aplicable and required by the city.
(8) If a residential development is proposed, a school concurrency letter from the School
District, if aplicable, and the proximity and transportation routes of the proposed
development to the elementary, middle and high schools assigned by the School
District.
(9) If the proposed development has the potential to discharge noxious odors or pollutants,
an odor or pollution study, prepared by a duly qualified expert, regarding the proposed
project's estimated odor or pollutant impact on the neighborhood, surrounding
properties and the environment.
(10) Other reasonable supporting documents to indicate intentions and/or any other items
reasonably required by the city to determine whether or not the proposed development
is in compliance with the City's Comprehensive Plan and Code.
(11) The application requirements set forth in subsection (7) shall only apply to existing
single family homes, conditional uses, waivers and variances if the city determines that
such information is necessary for the City to relevantly and competently evaluate an
application for compliance with the City Code and the affect and impact the proposed
application will have on neighborhood and surrounding properties using aplicable
review criteria.
(12) Application requirements for administrative appeals are governed by section 20-35 of
the City Code.
(b) Incomplete applications will not be processed and presented to the planning & zoning board
oard
and city commission, or if inadvertently presented to said board and city commission, the
board and city commission may require the applicant to complete the application if deemed
necessary before proceeding with final review of the application. Applicants will be
provided written notice of incomplete aplications and be afforded a reasonable opportunity
to sufficiently complete an aplication before an incomplete aplication is deemed rejected
and returned by the city staff. If an aplication is deemed incomplete and the aplicant fails
to complete it within ninety (90) days of written notice from the City, the City shall have the
right, by providing written notice to the applicant, to deem the application withdrawn by the
applicant. Extensions of time may be granted by the city for good cause shown. Applications
City of Winter Springs
Ordinance No.2019-09
Page 6 of 31
deemed withdrawn shall not be processed and the application fee shall be deemed forfeited.
Withdrawn applications may be refiled in complete form and payment of the applicable
application fee.
(c) All site plans, rezonings, variances, conditional uses, waivers, limited administrative waivers,
and meals approved herein shall be binding on the use of the property. As a condition of
approval by the city commission, all development projects requiring a community workshop
pursuant to section 20-29-1 of the City Code, shall be required to be memorialized in a
binding development agreement which shall be executed by the Cil, and property owner. If
the applicant is a developer, the developer shall be required to execute the binding
development agreement subject to closing and acquiring the property. The agreement shall
be recorded against the property so that the terms and conditions of approval related to the
development project or conditional use shall run with the land.
Sec. 20-29.1.— Community Workshop requirements.
(a) For all new commercial development, new residential subdivisions of ten (10) or more lots,
conditional uses, existing commercial buildings being altered by 50 percent or greater of the
original floor area or seating capacity and requiring a modified site plan, or development
agreements processed under section 20-28.1 of the City Code, the applicant shall be
responsible for conducting a community workshop to inform neighboring_property owners of
the proposed application and answer questions relevant to the proposed application. At a
minimum, preliminary demonstrative concept plans, development schedules, and
specifications of the proposed development project such as land uses, size and height of
buildings, intensity and density, new roads, and other primary features and amenities shall be
presented to the public. The workshop shall be held in a location approved by the City_,
which shall be generally near the subject property, and shall be held in a facility that is ADA
compliant. At the applicant's expenses, the City shall provide notification by mail to all
owners of property located within 500 feet of the subject property and to all neighborhood
homeowner's associations registered with the city and located within one-half-mile of the
property. The city manager or designee shall provide mailing labels to the applicant. The City
shall mail these notices with proper postage at least twenty (20) calendar days before the
workshop date, and provide proof of same to the city manager or designee. The City shall
also publish notice on the City's website and social media platform at least twenty (20)
calendar days before the date of the workshop.
(b) The workshop date and time shall be scheduled in coordination with the City and shall start
between 6:00 p.m. and 8:00 p.m. on a weekday or with the approval of the city manager
between 9:00 a.m. and 5:00 p.m. on a weekend. All required workshops shall be held prior to
submittal of the application with the exception that applications for a non-binding and
preliminary review, without a development agreement, under section 20-28.1 shall not
City of Winter Springs
Ordinance No.2019-09
Page 7 of 31
require a workshop. The applicant shall be required to schedule an additional workshop if the
initial workshop has occurred more than six months prior to submittal of the application, or
the applicant's initially proposed plans have substantially and materially changed from the
initial workshop or the city commission determines that an additional workshop is required
before making a final decision on any related application.
Sec. 20-30. - Staff review.
(a) The city staff shall be required to review all applications for site plans, rezonings,
variances, conditional uses, waivers, and administrative appeals, and make written
recommendations to the planning and zoning board and the city commission as may be
required in this article. Staff recommendations shall include at a minimum the following
relevant information:
(1) background data about the subject property including„ but not limited to, current future
land use and zoning designations, previous applicable development agreements, binding
land covenants, parcel size and dimensions, development constraints such as wetlands and
conservation areas and easements, and a map and aerial of the subject and surrounding
property;
(2) information regarding adjacent and surrounding land uses,
(3) information regardingthe he applicant and proposed application request,
(4) citation and summary of applicable law such as city comprehensive plan policies, city
code provisions and state and federal laws,
(5) procedural history of the proposed application and project including application
submittal dates, legal advertisements, other related pending applications, previous city
commission approvals, community workshop meetings, and planning & zoning board
recommendations,
(6) summary of relevant review criteria regarding the application;
(7) the applicants written analysis and response to the review criteria,
(8) city staff's written analysis and response to the review criteria, and
(9) other competent substantial evidence deemed necessary by city staff to analyze the
application for compliance with law.
(b) Upon completion of the written recommendation, city staff shall forward the application
along with the recommendation, to the planning and zoning board as required by this
division, for a duly noticed public hearing and recommendation before the city commission
considers the application.
Sec. 20-31. -Rezonings.
(a) Any real property owner may file a rezoning application requesting a change in zoning
designation for their real property.
City of Winter Springs
Ordinance No.2019-09
Page 8 of 31
(b) The planning and zoning board shall be required to review all rezoning applications and
make a written recommendation to the city commission. Such recommendation shall include
the reasons for the board's recommendation and show the board has considered the
applicable rezoning criteria set forth in this section.
(c) Upon receipt of the planning and zoning board's recommendation, the city commission
shall make a final decision on the application. If the city commission determines that the
planning and zoning board has not made a recommendation on an application within a
reasonable period of time, the city commission may, at its discretion, consider an application
without the planning and zoning board's recommendation.
(d) All rezoning applications shall be reviewed for compliance with the following standards:
(1) The proposed rezoning change is in compliance with all procedural requirements
established by the City Code and law;
(2) The proposed rezoning change is consistent with the goals, policies and objectives of
the city's comprehensive plan including, but not limited to, the Future Land Use Map
and the proposed change would not have an adverse effect on the city's implementation
of theog als,policies and objectives of the comprehensive plan;
(3) The proposed rezoning change is consistent with any master plan applicable to the
property;
(4) The proposed rezoning change is not contrary to the land use pattern established by
the city's comprehensive plan;
(5) The proposed rezoning change would not create a spot zone prohibited by law;
(6) The proposed rezoning change would not materially alter the population density
pattern in a manner that would overtax the load on public facilities and services such as
schools, utilities, streets, and other municipal services and infrastructure;
(7) The proposed rezoning would not result in existing zoning district boundaries that are
illogically drawn in relation to existing conditions on the property and the surrounding
area and the land use pattern established by the city's comprehensive plan;
(8) Changed or changing conditions make the proposed rezoning necessary for the city to
serve the population and economic activities;
(9) The proposed rezoning change will not seriously reduce light or air to adjacent areas;
(10) Should the city be presented with competent substantial evidence indicating that
property values will be adversely affected by the proposed rezoning, the applicant must
demonstrate that the proposed rezoning change will not adversely affect property values
in the surrounding area;
(11) The proposed rezoning will not be a substantial detriment to the future improvement
or development of vacant adjacent and surrounding property;
(12) The proposed rezoning will not constitute a grant of special privilege to an individual
owner as contrasted with the public welfare and legitimate government interests;
City of Winter Springs
Ordinance No.2019-09
Page 9 of 31
(13) The proposed rezoning change and allowed uses, intensity and density are i-&
compatible with and not out of scale or incompatible with the surrounding existing
development and needs of the neighborhood or the city;
(14) The proposed rezoning does not violate any applicable land use regulations adopted
by the city.
(15)Applications in the Town Center to rezone to a transect zone shall meet the following
additional criteria:
a. The proposed T-Zone shall provide a logical extension of an existing zone, or an
adequate transition between zones.
b. The area shall have had a change in growth and development pattern to warrant a
rezoning to a more or less urban T-Zone.
c. The request shall be consistent with the overall city vision for growth and
development as expressed in the city's comprehensive plan or applicable master plan.
(16)Speculative rezoning of land is very disfavored by the City. In conjunction with a
rezoning application, the applicant shall be required to fully disclose any proposed new
development project that will be pursued by the applicant if the proposed rezoning
request is approved, and all applicable application information shall be submitted for
the proposed new development project. The proposed development project shall be
deemed to have been relied on by City in reaching its decision concerning the proposed
change of zoning. Said site plan or concept plan shall be deemed to be binding on the
subject property affected by the rezoning and site plan or concept plan, and any change
of zoning shall be deemed to be granted in reliance on said site plan or concept plan,
even though said site plan or concept plan imposes greater or stricter standards on said
property than does other provisions of the City Code for the other lots, tracts, or parcels
of land in like land use classifications. Such greater or stricter standards shall be
deemed appropriate when unique or peculiar site and locational characteristics are
evident and shall be deemed to exist when such site plan or concept plan is relied upon
by the planning and zoning board and the city commission. The proposed new
development project shall be evaluated in accordance with the review criteria set forth
in this subsection and the applicable review criteria for conditional uses set forth in
section 20-33. Mitigative techniques and plans required to support any change of
zoning may be addressed pursuant to the restricted rezoning_provisions set forth in
subsection (e) and a binding development agreement.
(17) If the proposed rezoning will allow residential uses or increase the possible density of
residential uses, the proposed rezoning shall not potentially cause negative impacts on
school capacity(K-12), school overcrowding (K-12), accessibility and convenience
(e.g., walking distance, travel time, private and public transportation, and quality of
route environment) to the majority of the K-12 school population projected for the
property and that will be drawn from any proposed residential project, and the
integration of future residents of any proposed residential project into the existing city
of Winter Springs community in a sustainable manner.
City of Winter Springs
Ordinance No.2019-09
Page 10 of 31
(18) Whether the applicant has agreed to execute a binding development agreement
required by city to incorporate the terms and conditions of approval deemed necessary
by the city commission including, but not limited to, any mitigative techniques and
plans required by cit,, code.
(e) In approving a change in the zoning classification on a lot or parcel of land, at the request
of or with the concurrence of the owner of said lot or parcel, the city commission may
approve a rezoning subject to restrictions provided such restrictions do not confer any
special privilege upon the owner or subject property that would otherwise be denied by the
city's land development regulations in the same zoning district. Such restrictions may
include one or more of the following:
(1) Use restrictions greater than those otherwise specified for that particular district;
(2) Density restrictions greater than those otherwise specified for the particular district;
(3) Setbacks greater than those otherwise specified for the particular district, including
setbacks from lakes and major arterial roadways;
(4) Height limits more restrictive than otherwise permitted in the district;
(5) Minimum lot areas or minimum widths greater than otherwise specified for the
particular district;
(6) Minimum floor area greater than otherwise specified for structures in the particular
district;
(7) Open space requirements greater than otherwise required for property in the particular
district;
(8) Parking, loading driveway or traffic requirements more restrictive than otherwise
required for the particular district;
(9) Fencing or screening requirements greater than otherwise required for the particular
district;
(10) Restrictions on any other matters which the city commission is authorized to
regulate.
Upon approval of such restrictive rezonings, the planning division shall enter a reference to the
restrictions on the city's official zoning map, and a notice of zoning restrictions shall be recorded
in the public records of Seminole County. Restrictions shall run with the land, without regard to
transfer of ownership or other interests, and may be removed only upon further amendment to
the zoning classification of the subject property in accordance with the procedures prescribed
herein.
Sec. 20-32. -Variances.
(a) Any real property owner may file a variance application requesting variance from this
chapter for their real property. Variances may be approved only for height, width, length or
area of structures, size of lots, size of yard setbacks, driveway widths, building design
standards (dimensional standards only), landscaping area requirements for vehicular use
areas, landscape buffer requirements for buffer strip areas, landscape zones, street setbacks,
City of Winter Springs
Ordinance No.2019-09
Page 11 of 31
glazing and window percentages, and minimum first floor height. Under no circumstances
may a variance be granted to allow a use not permittedeg nerally or by conditional use
permit in the district involved, or any use expressly necessary implication prohibited in
the district by the terms of this chapter or other applicable provision of the ci . code.
(b) The planning and zoning board shall be required to review all variance applications and
make a written recommendation to the city commission. Such recommendation shall include
the reasons for the board's recommendation and show the board has considered the
applicable variance criteria set forth in this section.
(c) Upon receipt of the planning and zoning board's recommendation, the city commission
shall make a final decision on the application. If the city commission determines that the
planning and zoning board has not made a recommendation on an application within a
reasonable period of time, the city commission may, at its discretion, consider an application
without the planning and zoning board's recommendation.
(d) All variance recommendations and final decisions shall be based on an affirmative finding
as to each of the following criterion:
(1) That special conditions and circumstances exist which are peculiar to the land,
structure or building involved and which are not applicable to other lands, buildings or
structures in the same zoning district.
(2) That special conditions and circumstances do not result from the actions of the
applicant or applicant's predecessor in title.
(23) That literal interpretation of this chapter would work an unnecessary and undue
hardship on the applicant deprive the applicant of rights commonly enjoyed by other
properties in the same zoning district under the terms of this chapter and other
applicable building and land development codes of the citX
(9�4) That the special conditions and circumstances referred to in subsection (d)(1) of this
section do not result from the actions of the applicant.
(45) That approval of the variance requested will not confer on the applicant any special
privilege that is denied by this chapter to other lands, buildings, or structures in the
same zoning district.
(56) That the requested variance is the minimum variance from this chapter necessary to
make possible the reasonable use of the land, building or structure.
(67) That approval of the variance will be in harmony with the general intent and purpose
of this chapter, and will not be injurious to the neighborhood or otherwise detrimental to
the public welfare.
(8) Whether the applicant has agreed to execute a bindingdevelopment agreement required
by the city to incorporate the terms and conditions of approval deemed necessary the
city commission including, but not limited to, any mitigative techniques and plans
required by cit, code.
(e) The following factors shall not be considered in any variance request:
City of Winter Springs
Ordinance No.2019-09
Page 12 of 31
(1) The presence of nonconformities in the zoning district or adjoining districts.
(2) Financial loss or business competition.
(3) Whether the propertypurchased with the intent to develop or improve the property,
whether or not it was known at the time of purchase that such development would be a violation.
Sec. 20-33. - Conditional uses.
(a) Any real property owner may file a conditional use application requesting a conditional use
of their real property providing the conditional use is listed in the applicable zoning district
category.
(b) The planning and zoning board shall be required to review all conditional use applications
and make a written recommendation to the city commission. Such recommendation shall
include the reasons for the board's recommendation and show the board has considered the
applicable conditional use criteria set forth in this section.
(c) Upon receipt of the planning and zoning board's recommendation, the city commission
shall make a final decision on the application. If the city commission determines that the
planning and zoning board has not made a recommendation on an application within a
reasonable period of time, the city commission may, at its discretion, consider an application
without the planning and zoning board's recommendation.
(d) All conditional use recommendations and final decisions shall be based on the following
criteria to the extent applicable:
(1) Whether the applicant has demonstrated the conditional use, including its proposed
density, height, scale and intensity, hours of operation, building and lighting design,
setbacks, buffers, noise, refuse, odor, particulates, smoke, fumes and other emissions,
parking and traffic-generating characteristics, number of persons anticipated using,
residing or working under the conditional use, and other offsite impacts, is compatible
and harmonious with adjacent land uses, and will not adversely impact land use
activities in the immediate vicinity.
(2) Whether the applicant has demonstrated the size and shape of the site, the proposed
access and internal circulation, and the design enhancements to be adequate to
accommodate the proposed density, scale and intensity of the conditional use requested.
The site shall be of sufficient size to accommodate design amenities such as screening,
buffers, landscaping, open space, off-street parking, safe and convenient automobile,
bicycle, and pedestrian mobility at the site, and other similar site plan improvements
needed to mitigate against potential adverse impacts of the proposed use.
(3) Whether the proposed use will have an adverse impact on the local economy, including
governmental fiscal impact, employment, and property values.
(4) Whether the proposed use will have an adverse impact on the natural environment,
including air, water, and noise pollution, vegetation and wildlife, open space, noxious
and desirable vegetation, and flood hazards.
City of Winter Springs
Ordinance No.2019-09
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(5) Whether the proposed use will have an adverse impact on historic, scenic, and cultural
resources, including views and vistas, and loss or degradation of cultural and historic
resources.
(6) Whether the proposed use will have an adverse impact on public services, including
water, sewer, stormwater and surface water management, police, fire, parks and
recreation, streets, public transportation, marina and waterways, and bicycle and
pedestrian facilities.
(7) Whether the traffic report and plan provided b,. t�pplicant details safe and efficient
means of ingress and egress into and out of the neighborhood and adequately addresses
the impact of projected traffic on the immediate neighborhood, traffic circulation
pattern for the neighborhood, and traffic flow through immediate intersections and
arterials.
(�8) Whether the proposed use will have an adverse impact on housing and social
conditions, including variety of housing unit types and prices, and neighborhood
quality.
(9) Whether the proposed use avoids significant adverse odor, emission, noise, glare, and
vibration impacts on adjacent and surrounding lands regarding refuse collection, service
delivery_parking and loading, signs, lighting„ and other sire elements.
(10) Whether the applicant has provided an acceptable security_plan for the proposed
establishment that addresses the safety and security needs of the establishment and its
users and employees and minimizes impacts on the neighborhood, if applicable.
(11) Whether the applicant has provided an acceptable plan for the mass delivery of
merchandise for new large footprint buildings (greater than 20,000 square feet)
including the hours of operation for delivery trucks to come into and exit the property
and surrounding neighborhood, if applicable.
(12) Whether the applicant has demonstrated that the conditional use and associated site
plan have been designed to incorporate mitigative techniques and plans needed to
prevent adverse impacts addressed in the criteria stated herein or to adjacent and
surrounding uses and properties.
(13) If the proposed conditional use is a residential use, whether the elementary, middle and
high schools (K-12) that will be initially assigned to the residential project b. the
School District at the time the city commission considers final approval of the
conditional use have both sufficient capacity, are in close proximi , to the project so as
to make each of the assigned schools accessible and convenient (e.g., walking distance,
travel time, private and public transportation, and quality of route environment) to the
majority of the school population that will be drawn from the project, and promote and
support the integration of future residents of the project into the existing city of Winter
Springs community in a sustainable manner.
(14) Whether the applicant has agreed to execute a binding development agreement required
by city to incorporate the terms and conditions of approval deemed necessary b, the
city commission including, but not limited to, any mitigative techniques and plans
required by ci . code.
City of Winter Springs
Ordinance No.2019-09
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Sec. 10-33.1.— Site and Final Engineering Plans.
(a) Site and final engineering_plans and the subdivision of land shall also be subject to the
technical requirements set forth in Chapter 9 of the City Code. It is the intent of this Section to
apply to applications for site and final engineering plans and to any subdivision of land requiring
a plat, if applicable, and does not include review and approval of a lot split application.
(b) Except in situations involving one single-family home, the planning and zoning board shall
be required to review all site and final engineering plan and subdivision of land applications and
make a written recommendation to the city commission. Such recommendation shall include the
reasons for the board's recommendation and show the board has considered the applicable
criteria set forth in this section.
(c) Upon receipt of the planning and zoning board's recommendation, the city commission
shall make a final decision on the application. If the city commission determines that the
planning and zoning board has not made a recommendation on an application within a
reasonable period of time, the city commission may, at its discretion, consider an application
without the planning and zoning board's recommendation.
(d) Except in situations involving one single-family home, all site and final engineering_plan
and subdivision recommendations and final decisions shall be based on whether the site and final
engineering plan and subdivision of land complies with all the technical requirements set forth in
Chapter 9 of the City Code and the following criteria to the extent applicable:
(1)Whether the applicant has demonstrated the site and final engineering_ _plan and subdivision of
land, including its proposed density, height, scale and intensity, hours of operation, building and
lighting design, setbacks, buffers, noise, refuse, odor, particulates, smoke, fumes and other
emissions, parking and traffic-generating characteristics, number of persons anticipated using,
residing or working under the plan, and other offsite impacts, is compatible and harmonious with
adjacent land uses, and will not adversely pact land use activities in the immediate vicinity.
(2) Whether the applicant has demonstrated the size and shape of the site, the proposed access
and internal circulation, and the design enhancements to be adequate to accommodate the
proposed density, scale and intensity of the site and final engineering_plan requested. The site
shall be of sufficient size to accommodate design amenities such as screening, buffers,
landscaping, open space, off-street parking, safe and convenient automobile, bicycle, and
pedestrian mobility at the site, and other similar site plan improvements needed to mitigate
against potential adverse impacts of the proposed use.
(3) Whether the proposed the site and final engineering plan and subdivision of land will have
an adverse impact on the local economy, including governmental fiscal impact, employment, and
property values.
(4) Whether the proposed the site and final engineering_plan and subdivision of land will have
an adverse impact on the natural environment, including air, water, and noise pollution,
vegetation and wildlife, open space, noxious and desirable vegetation, and flood hazards.
City of Winter Springs
Ordinance No.2019-09
Page 15 of 31
(5) Whether the proposed the site and final engineering_plan and subdivision of land will have
an adverse impact on historic, scenic, and cultural resources, including views and vistas, and loss
or degradation of cultural and historic resources.
(6) Whether the proposed the site and final engineering plan and subdivision of land will have
an adverse impact on public services, including water, sewer, stormwater and surface water
management, police, fire, parks and recreation, streets, public transportation, marina and
waterways, and bicycle and pedestrian facilities.
(7) Whether the site and final engineering plan and subdivision of land, and related traffic
report and plan provided by the applicant, details safe and efficient means of ingress and egress
into and out of the neighborhood and adequately addresses the impact of projected traffic on the
immediate neighborhood, traffic circulation pattern for the neighborhood, and traffic flow
through immediate intersections and arterials.
(8) Whether the proposed the site and final engineering plan and subdivision of land will have an
adverse impact on housing and social conditions, including variety of housing unit types and
prices, and neighborhood quality_
(9) Whether the proposed the site and final engineering�plan and subdivision of land avoids
significant adverse odor, emission, noise, glare, and vibration impacts on adjacent and
surrounding lands regarding refuse collection, service delivery, parking and loading, signs,
lighting, and other sire elements.
(10) Whether the applicant has provided an acceptable security plan for the proposed
establishment to be located on the site and final engineering plan and subdivision of land that
addresses the safety and security needs of the establishment and its users and employees and
minimizes impacts on the neighborhood, if applicable.
(11) Whether the applicant has provided on the site and final engineering plan and subdivision of
land an acceptable plan for the mass delivery of merchandise for new large footprint buildings
(greater than 20,000 square feet) including the hours of operation for delivery trucks to come into
and exist the property and surrounding neighborhood, if applicable.
(12) Whether the applicant has demonstrated that the site and final engineering�plan and
subdivision of land have been designed to incorporate mitigative techniques and plans needed to
prevent adverse impacts addressed in the criteria stated herein or to adjacent and surrounding
uses and properties.
(13) Whether the applicant has agreed to execute a binding development agreement required by
city to incorporate the terms and conditions of approval deemed necessary by the city
commission including, but not limited to, any mitigative techniques and plans required by city
code.
Sec. 20-34. -Waivers.
(a) Any real property owner may file a waiver application requesting a waiver for their real
property from any term and condition of this chapter (except from the list of permitted,
conditional and prohibited uses set forth in any zoning district category)
City of Winter Springs
Ordinance No.2019-09
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(b) The planning and zoning board shall be required to review all waiver applications and
make a written recommendation to the city commission. Such recommendation shall include
the reasons for the board's recommendation and show the board has considered the
applicable waiver criteria set forth in this section.
(c) Upon receipt of the planning and zoning board's recommendation, the city commission
shall make a final decision on the application. If the city commission determines that the
planning and zoning board has not made a recommendation on an application within a
reasonable period of time, the city commission may, at its discretion, consider an application
without the planning and zoning board's recommendation.
(d) , -aAll waiver recommendations
and final decisions shall also comply with the following criteria:
(1) The applicant clearly demonstrates that the applicable term or condition clearly creates
an illogical, impossible, impractical, or patently unreasonable result related to the
proposed property and development.
(42) The proposed development plan is in substantial compliance with this chapter and in
compliance with the comprehensive plan.
(23) The proposed development plan will significantly enhance the real property.
(9�4) The proposed development plan serves the public health, safety, and welfare.
(4-5) The waiver will not diminish property values in or alter the essential character of the
surrounding neighborhood.
(5 6) The waiver granted is the minimum waiver that will eliminate or reduce the
illogical, impossible, impractical, or patently unreasonable result caused by the
applicable term or condition under this chapter.
(67) The proposed development plan is compatible and harmonious with the surrounding
neighborhood.
(8) Whether the applicant has agreed to execute a binding development agreement
required by city to incorporate the terms and conditions of approval deemed necessary
by the city commission including, but not limited to, any mitigative techniques and
plans required by cit. code.
Sec. 20-35. -Administrative appeals.
(a) Any final administrative decision regarding the enforcement or interpretation of this
chapter, where it is alleged there is an error by an administrative official, can be appealed as
set forth in this section. Administrative appeals are not authorized or permitted on
interpretation issues based on the following:
(1) Any order, requirement, decision, or determination made regarding code enforcement,
including notice of violations and civil citations.
City of Winter Springs
Ordinance No.2019-09
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(2) Acts of administrative officials pursuant to the orders, resolutions, or directives of the
city commission includingdevelopment agreements.
(3) Zoning verification letters.
(4) Challenges to a development order controlled by F.S. § 163.3215.
(5) Appeals that circumvent procedures required by this chapter, including those that are
more appropriately addressed in an application for a waiver, variance, or rezoning.
(b) The following persons shall have standing to appeal an administrative decision that is not of
general applicability and that is specifically related to a particular project or parcel of real
property_
(1)An applicant who is adversely affected by the decision.
(2)A property owner whose property is the subject of the decision.
(3) All owners of real property that lies within 500 feet of the property that is the subject of
the decision.
(4) Any resident, landowner, or person having a contractual interest in land in the ci . who
demonstrates a direct adverse impact from the decision that exceeds in degree the general
interest in community good shared by all persons.
(hc) Appeals shall be taken within thirty (30) calendar days after such administrative decision is
signed by the administrative official rendering the decision or is otherwise rendered in
writing. Appeals shall be J-s- made by filing a written notice of appeal with the city manager
stating the name of the decision maker, date of the decision, applicable code provisions and
the specific grounds for appeal. A copy of the written decision shall accompany the written
notice of appeal and film fee.ee. Upon receipt of the notice of appeal, the city manager shall
schedule the appeal before the planning and zoning board within sixty (60) calendar days
and transmit all documents, plans, papers, transcripts or other materials constituting the
record upon which the action appealed from was taken. Within twenty (20) calendar days of
the filing of a notice of appeal pursuant to this section, any person with standing may
intervene and become a party to the appeal by filing a written notice of appeal in accordance
with this section and payment of the filing fee.
(ed) The planning and zoning board shall be required to review all administrative appeals and
make a recommendation to the city commission.
(4e) Upon receipt of the planning and zoning board's recommendation, the city commission
shall make a final decision on the administrative appeal. If the city commission determines
that the planning and zoning board has not made a recommendation on an administrative
appeal within a reasonable period of time, the city commission may, at its discretion,
consider an application without the planning and zoning board's recommendation.
(f) The hearing shall be limited to the record on appeal and shall consist of oral argument by
city staff and parties with standing, each of whom maypresented by legal counsel, and
the party challenging the administrative decision shall have the burden of proof. The hearing
shall be conducted in accordance with established Florida law for quasi-judicial hearings.
The record on appeal shall consist of the following: 1, the application and accompanying
City of Winter Springs
Ordinance No.2019-09
Page 18 of 31
information, 2) the written decision of the administrative official and accompanying
information, and (3) any transcript of the meeting or proceeding in which the written
decision was made. All parties may freely refer to provisions from the comprehensive plan,
any other city ordinance, resolution, or rule, and any federal or state statute, rule, or
decision. If any party desires to admit any additional evidence, the additional evidence shall
be disclosed to the other parties and the planning and zoning board or city commission not
less than five calendar days before the hearing. At the beginning of the hearing, the planning
& zoning board or city commission shall rule on whether such additional evidence may be
presented and shall freely allow the evidence when such evidence is relevant to the issue on
appeal.
(eg) Review of administrative decisions shall be based on the following criteria:
(1) Whether the applicant was properly afforded procedural due process;
(2) Whether the decision under review is supported by competent, substantial evidence;
and
(3) Whether the decision under review complied with applicable law, including a proper
interpretation of any provision under this chapter.
( h) The city commission shall have the right to reverse or affirm, wholly or in part, or may
modify the order, requirement, decision or determination as ought to be made, and to that
end, shall have all the powers of the officers from whom the appeal is taken.
(i) An administrative appeal filed pursuant to this section staysproceedings in furtherance of
the action appealed from, including the issuance of a building permit or development order,
unless the administrative official from whom the appeal is taken certifies in writingto o the
board of adjustment after the notice of appeal is filed that, because of facts stated in the
certificate, a stay would, in the administrative official's opinion, cause imminent peril to life
and property. In such case where the administrative official makes such certification,
proceedings shall not be stayed other than by an injunction issued by a court of competent
jurisdiction
Sec. 20-36. -Expiration of conditional use,variance and waiver approvals.
(a) Any conditional use, variance or waiver approved by the city commission under this
Division shall expire two (2) years after the effective date of such approval by the city
commission, unless a building permit based upon and incorporating the conditional use,
variance, or waiver is issued by the city within said time period. Upon written request of the
property owner, the city commission may extend the expiration date, without public hearing,
an additional six months, provided the property owner demonstrates good cause for the
extension. In addition, if the aforementioned building permit is timely issued, and the
building permit subsequently expires and the subject development project is abandoned or
discontinued for a period of six months, the conditional use, variance or waiver shall be
deemed expired and null and void.
(b) The city commission hereby finds that there may be one or more unexpired conditional
use, variance, or waiver permits previously granted by the City that may have never been
acted upon or abandoned by the property owner. The city commission finds that these
City of Winter Springs
Ordinance No.2019-09
Page 19 of 31
unexpired permits may now be detrimental to the public health, safety, and welfare of the
community due to changed circumstances in the surrounding neighborhood and changes in
law. Therefore, the provisions of this section shall apply retroactively to any unexpired
conditional use, variance, and waiver previously granted by the city commission. It is the
intent and purpose of this subsection to void any previously granted conditional use,
variance, and waiver permit that does not comply with the provisions of this section and to
require the property owner to reapply, under current circumstances, for said permit should
the property owner desire or need said permit.
Sec. 20-37. -Limited administrative waivers.
(a) Authorization by city manager. Waivers to the adopted land development regulations set
forth in this chapter may be authorized administratively by the city manager or designee,
subject to the procedures and limitations of this section. Designees under this section may be
approved by city manager by written administrative order.
(b) Waivers subject to administrative review and approval.
(1) Administrative waivers may be considered for height, area, er size, or design
dimensional requirement of a structure or architectural feature; and/or distance
requirement, size of yard, setback and open space requirements of an applicable zoning
district including the transect design standards in the Town Center District.
Administrative waivers shall not exceed ten percent (10%) of the applicable
requirement.
The city manager may authorize the administrative review and approval of a waiver
when a property owner clearly demonstrates:
a. The waiver is necessary, as a condition of city permit approval, to allow the
reasonable use of the subject property and any proposed or existing improvements
thereon; and
b. Such waiver will not: (i) have more than a de minimus impact on the subject
property and surrounding area; (ii) be contrary to the public interest; (iii) be
incompatible with the surrounding area; (iv) have an adverse effect on the
neighborhood or general welfare of the area; and (v) have the effect of nullifying
the intent and purpose of any applicable provision of this chapter.
(c) Application submittal and fee. Application for an administrative waiver by the city
manager shall be made on a form provided by the community development department and
shall be accompanied by an application fee established by the city. As part of the
application, the city manager reserves the right to require a signed affidavit (submitted on a
form prepared by the city) from all abutting property owners indicating no objection to the
requested waiver. In such case, failure of the applicant to obtain signatures of all abutting
property owners will constitute a basis for denying the application. For the purpose of this
section,the term "abutting" shall include those properties directly across a road.
(d) Conditions. The city manager may prescribe appropriate conditions and safeguards to
ensure that the purposes of this section, chapter and other applicable regulations set forth in
City of Winter Springs
Ordinance No.2019-09
Page 20 of 31
the City Code are carried out, and to ensure that the waiver granted is the minimum
necessary to allow reasonable use of the land and improvements.
(e) Further action. Applications approved by the city manager under this section shall be
deemed final. However, a denial of a request for an administrative waiver by the city
manager shall be considered a non-final order of the city and shall not be appealable.
Applications denied under this section shall not preclude an applicant from requesting a
variance or waiver from the city commission pursuant to other applicable provisions of this
chapter. In such cases, the applicant shall submit a formal application for a variance or
waiver consistent with the requirements set forth in this chapter, and decisions made on such
applications shall be deemed final and subject to appeal in a court of competent jurisdiction.
(f) Approvals by City Commission. The city commission can use the limited administrative
criteria in subsection (b) torg ant applicable waivers when considering and makingfinal
inal
decisions on any other land use application requiring city commission approval such as
approval of final engineering_plans. Such waivers are not subject to the application
requirements in subsection (c) and shall not exceed twenty percent (20%) of the auplicable
requirement. However, in conjunction with the land use application requiring citX
commission approval, the applicant and city staff shall identify the applicable limited
waivers and address, in writing, the criteria in subsection (b). Additionally, if deemed
necessary and relevant by city staff or city commission to approving the limited waiver
requested, the applicant shall provide such relevant information enumerated in section 20-29
to support granting the waiver request.
DIVISION 12. - TOWN CENTER DISTRICT CODE
Sec. 20-320. -Intent.
(c) How to use this code.
(1) Review the policies and administration procedures speeifieally applicable to the town center
as set forth :ne fi,di . *h& ^^„*.,:,,o,a in the City's Comprehensive Plan and City Code including
the Town Center District Code, Chapter 9 Land Development including final engineering_plans,
subdivision of land, and aesthetic review, and Chapter 20, Article 11 Administration, Division 1
Procedures, Land Use Decisions regarding special zoning permits.
(2) Identify the transect zone assigned to the subject property.
(3) Determine whether the proposed use is permitted in the applicable transect zone and is
compatible under existing conditions at the proposed location with other adjacent or nearby land
uses within the town center and any established surrounding neighborhoods.
City of Winter Springs
Ordinance No.2019-09
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ty _
y I
I
I
T
Tuscawilla Road Retail, Winter Springs Town Center
(4) Review the general provisions and other requirements which apply throughout the applicable
transect zone.
(5) Determine which street type your lot fronts on the thoroughfare standards map.
(6) Review the building elements and architectural guidelines which contain specific rules for
architectural design.
(7) Prepare plans and specifications for submittal to the city in compliance with applicable law
including, but not limited to, the City's Comprehensive Plan, Cil. Code and Town Center
District Code.
Sec. 20-321. -Administration.
(a) Interpretation of the standards. h4er-pfetatioa of the star aMs i this division shall be the
Fesponsibility of the i
development Feview eommittee with fegafd to the i
s intent f-OF land development in the towift
eentef.The images contained in this division are meant to demonstrate the character intended for
the town center and shall be the guide for future development, but are for illustrative purposes
only. The accompanying text and numbers are rules that govern permitted development.
City of Winter Springs
Ordinance No.2019-09
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fwommendation to t e deyel. rt. eemfm4eo
e4y staff fer- t4e appr-e-val. I-H whieh ease, t4e eit-y staff shall make a
eenstmed eF as eFeating a*y vested right or- entitlement for- t4e development of t4e
applieant shall be deemeadd*-A- -r-ead and agreed to this eede pr-evision and to hold t4e eit-y a*d
pr-ol•,, —Stia„t to ti,;s s efi.
.
;
Signage-.
;
e. A par-king a*alysis justifying the proposed par-king solution (stleh as Shared Par-king, by
i
City of Winter Springs
Ordinance No.2019-09
Page 23 of 31
City's
proposed development is in eempli - - .1 .1 ,
btit some or- all of t4e may be r-e"ir-ed by 4ie-eity, oft a ease by ease basis, if t4e
C peei l n rFioms
1
6. The proposed development abides by all mles in this eede et4er- than t4ese speeially
(20,000) squaFe feet); see „ seetief 20 324(9) f9r-those limit.,tions
e. With r-espeet to eaeh waiver- r-e"ested, the speeifie waiver- shall eamply with all of the
fellewiffgi
oFty an a
,,.1 pedest.-;,,r -f,,r;l;t;oS
Ml P, ,eek.,e F, Ve, ,7 t;
r-eview shall be before t4e planfiing and zefiing bear-d, at whieh time t4e planning and zefiing
City of Winter Springs
Ordinance No.2019-09
Page 24 of 31
lona,,,- days f„lle ; , the ri,,,,ning and ,ening b,,,,F i,e-....„n
deems fieeessar-y to AtIfill goals of the master- pla*, iiwltiding r-easefiable off-site f:evefnents
fiegetiated eeneept of design or- site plan development atAher-ized or- sa*etiefied by this divisiel+,-
Mtinieipal Home Rtile Powers Aet or- F.S. §§ 163.3220 thr-ough 163.4243, as to egeet, "r-ation,
(b) In the town center district, decorative street signs are required along roadways as part of the
decorative street sign and light program for new development including: subdivisions,
City of Winter Springs
Ordinance No.2019-09
Page 25 of 31
commercial development and areas constructed for public use. Standards for the town center
district follow the same guidelines as street signage that is upgraded in all other areas of the city.
In addition, the city requires that decorative street lights be provided for all development within
the town center district. During the development review process, it will be determined by the city
whether or not the user or developer of a property within the town center may need to enter into
a Neighborhood Street Sign Light Improvement Agreement (NSSLIA) as part of the respective
development agreement.
Flefida, and all appFevals a*d land development pefmits shall be in eomplianee with s
Sec. 20-324.— General Provisions.
The following general provisions apply to all street types.
(9) Large footprint buildings. Buildings with a footprint greater than twenty thousand (20,000)
square feet may be built within the town center district by speeial e*eep6erf conditional use only.
In these cases, the maximum lot width as noted in each applicable transect zone will be waived.
Such buildings must abide by all rules in this division with the following special limitations:
Sec. 20-327.1. - Signs.
Signs shall be flat against the facade, mounted projecting from the facade, or mounted above the
top of the facade. Free standing monument signs are permitted by speeial exeepti-eft waiver along
State Road 434 frontage.
Sec. 20-417. -Residential wall buffers required.
Any developer or property owner proposing a commercial or multi-family development or
redevelopment adjacent to a single family zoning district or use shall construct, at the developer's
expense, an opaque wall of six (6) feet in height along the full length of the property line
between such development or redevelopment and the adjacent single family zoning district or
use. A wall shall also be required for a proposed commercial development or redevelopment
adjacent to a multi-family zoning district or use, as required above. The wall shall be constructed
of concrete block, brick or other durable material (wood not allowed) which is compatible with
the surrounding area, and acceptable to the development review committee as to compatibility,
City of Winter Springs
Ordinance No.2019-09
Page 26 of 31
design, and compliance with this section and the City Code. The wall requirements of this
section shall apply internally within the boundaries of town center, but only to buffer loading
docks, service areas, and trash disposal facilities from adjacent single-family or multi-family
residential uses. If a wall is required internally within the town center, the wall requirement may
be waived or varied by the development review committee and city commission pursuant to the
speeial e*eep6ea waiver or variance criteria and procedure set forth in the Town Center District
Code. The wall requirements of this section shall also apply along the boundary of property that
also constitutes the outer perimeter of the existing area zoned town center.
Sec. 20-422. -Public,private and charter school and daycare center siting criteria.
Daycare centers and schools (hereinafter referred to as "school" in this section) present unique
planning/zoning issues and challenges for the city and surrounding land uses. Therefore, all
schools must be deemed compatible with surrounding land uses by the city before any
development permit may be issued for a new school or the expansion of existing school. In
addition to complying with any other applicable provision of the City Code including, but not
limited to, conditional use requirements, and applicable provisions of the
city's comprehensive plan, compatibility shall be determined by satisfying all of the following
factors:
Sec. 20-436. -Authorized commercial vehicles—Limited-term parking permits.
(a) One (1) authorized commercial vehicle per dwelling unit, as defined in section 20-434 above
and not to exceed ten (10) feet in height, may be exempted from the garaging and fencing
requirements of section 20-434 until July 2, 2001, if the dwelling unit of the owner, user, or
caretaker of the authorized commercial vehicle does not have a garage or fence capable of
screening the vehicle from view as provided in section 20-434 provided that the owner, user, or
caretaker of the authorized commercial vehicle shall have first acquired from the city a limited
term parking permit which shall be clearly affixed upon the rear window or rear panel of the
authorized commercial vehicle.
(b) Following the termination of the period of the permit the commercial vehicle must comply in
all respects with section 20-434 or be removed from the residential zoned district.
(c) No authorized commercial vehicle as defined in section 20-434 may be provided a limited
term parking permit later than December 31, 1999.
(d) A permit may be transferred to a similar authorized commercial vehicle as defined in section
20-434 for the duration of any pplicable permit the speei l exeeptio provided that a new permit
is acquired from the city and the original permit is returned to the city.
Section 2. Code Amendment. Chapter 9 of the City Code is hereby amended as follows
(underlined type indicates additions and str4keemt type indicates deletions, while asterisks (* * *)
indicate a deletion from this Ordinance of text existing in Chapter 9. It is intended that the text in
City of Winter Springs
Ordinance No.2019-09
Page 27 of 31
Chapter 9 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the
language existing prior to adoption of this Ordinance):
Chapter 9 —LAND DEVELOPMENT
ARTICLE 34 SITE PLAN N v EVW-1W
DIVISION GE-N
Sees. 9 326 9 340. Reserved.
DIVISION T . SITE PLAN REVIEW BOARD
See. 9 341.--Creation
See. 9 342. Pur-pose; .
The ptwpese of t4e site pla* r-eview board is to enstir-e eempliaiwe W44 adopted development,
,
fees.The eit-y shall pr-evide t4e site plan r-eView board stieh eler-ks, steiiegFapher-s a*d assistants as
See. 9 344. AUefings-.
All fneetings of t4e site plan r-eview board shall be open to t4e p4lie a*d the board shall
shall be -posted aii t4e p4lie bulletin board at t4e eit-y hall three (3) days befqFe a
,
City of Winter Springs
Ordinance No.2019-09
Page 28 of 31
1
See. 9 346 fions.
E*eept t4at tised for- a single family dwelling, fie par-eel of !and wit4ifi t4e eky shall be
fitill a*d void and fie development ent of any fiatur-e may take plaee until sueh time
pennit shall be issued by t4e ei,,�y until t4e site plan has been f4fially appr-eved by t4e beaFd or-
building per-mit has beefi issued, e*eept w44 the e*pr-ess appr-eval of t4e board or- t4e
See. 9 347..--Duties.
Any per-soft desir-ing to develop or-impr-eve any par-eel E)f land as pr-evided f0F ifl t4k ehapter-
shall fif:qt 84mit te t4e site plaft f:eview bear-d a site pla*. Stteh site plaii shall be feviewed fef:
adequate light, air-, aeeess a*d pAvaey; to assur-e t4at the fiatwal qualities a*d ehar-aeter-isties of
. . established for- �he maintenanee of same; to asswe t4at adequate setbaeks will b-e
The site plan shall be r-eviewed by t4e board and appr-eved, disappFeved or- pr-eper-ly r-efeFFed b�,
stieh bear-,a : aeear-da-Hee ,4 toe r-estilts ,.f:t„
See. 9 348. Appen1s;
fiffal, pr-e-Aded any per-. _d thereby may seek jttdieial relief as pr-a-Aded by
See. 9 349. Penalty for- violftfio*.
City of Winter Springs
Ordinance No.2019-09
Page 29 of 31
seetion he 4
thereof-, a*d a*y ar-ehiteet, ktilding eentfaeter-, ear-per-ate offieer-, agent or- other- -per-soft who
(e) Nothing her-ein eentained shall pf:event the e4y fFe i I i I I i - a*d taking stieh other- leg4
Sec. 9-386.4. -Definitions.
For the purpose of this division, the following words and terms shall have the meaning ascribed
thereto:
Development permit. Includes any building permit, conditional use, zoning approval, subdivision
approval, rezoning, development order, conditional use speeial o*e , variance, waiver, or
any other official action of local government having the effect of permitting the development of
land.
Sec. 9-501. -Definitions.
The following words and phrases used in this article shall have the meanings ascribed below
unless the context clearly indicates otherwise:
Development permit. Includes any building permit, zoning permit, subdivision approval,
rezoning certification, conditional use special exception, variance, waiver, or any other official
action of the city having the effect of permitting the development of land.
Section 3. Conforming Amendments to Town Center Land Use Matrix. One of the
major policy objectives of this Ordinance is to streamline the town center development land use
permit process and consolidate it with the regular land use permit process contained in the City Code.
Consequently,the special exception land use identified in the Town Center Land Use Matrix is being
relabeled a conditional use. Therefore, Section 20-323 Land Use Matrix attached hereto as
EXHIBIT "A" is hereby amended as follows (underlined type indicates additions and eetrt type
indicates deletions):
See Exhibit"A,"which is hereby fully incorporated herein by this reference.
City of Winter Springs
Ordinance No.2019-09
Page 30 of 31
Section 4. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent
ordinances and resolutions adopted by the City Commission, or parts or ordinances and resolutions in
conflict herewith, are hereby repealed to the extent of the conflict.
Section 5. Incorporation into Code. This Ordinance shall be incorporated into the Winter
Springs City Code and any section or paragraph, number or letter, and any heading may be changed
or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like errors
may be corrected and additions, alterations, and omissions, not affecting the construction or meaning
of this ordinance and the City Code may be freely made.
Section 6. Severability. If any section, subsection, sentence, clause, phrase, word, or provision
of this ordinance is for any reason held invalid or unconstitutional by any court of competent
jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a
separate, distinct and independent provision, and such holding shall not affect the validity of the
remaining portions of this ordinance.
Section 7. Effective Date. This Ordinance shall become effective upon adoption by the City
Commission of the City of Winter Springs, Florida, and pursuant to City Charter.
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular
meeting assembled on the 10th day of June, 2019.
Charles Lacey,Mayor
ATTEST:
Andrea Lorenzo-Luaces,City Clerk
APPROVED AS TO LEGAL FORM
AND SUFFICIENCY FOR THE CITY
OF WINTER SPRINGS ONLY:
Anthony A. Garganese, City Attorney
Legal Ad: May 29, 2019
First Reading: May 13, 2019
Second Reading: June 10, 2019
City of Winter Springs
Ordinance No.2019-09
Page 31 of 31
� .ega1Nobices
11 LegaiNobices
NOTICE OF HEARING TO IMPOSE AND PROVIDE FOR COLLECTION OF NON-AD VALOREM NOTICE UNDER FICTITIOUS NAME District Office at(407)841-55241101,a1 WINTER SPRINGS,FLORIDA.THE
ASSESSMENTS least forty-eight(48)hours prior to the CITY COMMISSION RESERVES
TO WHOM IT MAY CONCERN: meeting. If you are hearing or speech THE RIGHT TO POSTPONE OR
Assessment Area: 13535 Nemours Parkway,Orlando,FL 32827 Notice is hereby given that the under- paired,please tact the Florida CONTINUE THE PUBLIC HEARING
Parcel
ID 25
25-24-30-6052-01-000 signed
pursuant to the "Fictitious ReloYService,
1800-955-8770,for aid in ON THIS ORDINANCE AT THIS
Name Statute",Chapter 865.09,FIori- contacting the District Office:' NOTICE OF PROPOSED MERGER MEETING WITHOUT FURTHER
601 East Rollins Street,Orlando,FL 32803 da Statutes,will register with the Divi- Friends Bank (New Symrna Beach, NOTICE.
Parcel ID:13-22-29-2780-01-000 of Corporations,Department f DATED this 24th day of May,2019 Florida) and Fairwinds Credit
State, State of Florida Tiffany Moore Russell,Clerk of the Union(Orlando,Florida)have made The proposed ordinance may be
1400 South Orange Avenue,Orlando,FL 32806 upon receipt of this notice. Circuit Court Pplication to the Federal Deposit petted bm interested parties
Parcel ID:35-22-29-6389-01-000 the fictitio us name,Cl-wit: Insurance Corporation for is itten between 8 and 5 p.m.,Monday
it
All About Cleaning OS6305571 05/29&O6/Od2019 sent to erge Friends Bank with through Friday,at the City's Clerk's
On June 17,2019,a12:00 P.M.,or as soon thereafter as the matter may be heard,the under which(I )(we are engaged and to Fairwinds Credit Union, Office,located at 1126 East State Road
City Council of the City of Orlando will hold a public hearing in Council Chambers, business at 1030 Paces Circle That u h that Friends Bank will merge
434, Winter Springs, Florida. For
City Hall, ad Fir.,400 South Orange Avenue,Orlando,Florida 32801,to consider the(party)(parties)interested in said S 1 of e'stent,. The ffice f e information call (407)327-1800,
the adoption of a Final Assessment Resolution providing for and posing non- business enterprise is as follows: Friends Bank' located at 2222 State Extension 227.Interested parties may
d valorem assessments against the certain parcels of property identified above. Cynthia Shorter NOTICE Road 44,New Smyrna Beach,Florida appear at the eeting and be heard
Persons having a disability and needing special accommodations or an interpreter 1030 Paces Circle 1240 W Landsireet Rd Orlando FL 32824 32168. Them office of Fairwinds with respect to the proposed ordinance.
to participate in this proceeding shoo it contact the City Clerk's Office during Dated 1 Apopka,Seminole County. Sale date ndstr1910 AM Credit Union is located 1 135 West Persons with disabilities ,,ding
mal business hours at(407)246-2251 at least 48 hours in advance of the hearing. Florida,05/28/2019 2013 Nissan 1 N4AL3AP3DC12679 Central Boulevard,Suite 1220,Orlando, assistance to participate any of
The public hearing may be continued to a time and date certain by announcement Florida 32801. It is temp sated that these proceedings should tact
at the scheduled hearing without any further public notice. All affected property SEM6300149 05/29/2019 OS6276574 05/29/19 all banking offices of ont above-named the Employee Relations Department
have a right to appear at the hearing and to file written objections with AUCTION institutions will continue to be operated Coordinator,48 hours in advance of the
ihenCity Council within 20 days of the publication date of this notice. Any person Notice is hereby given that Compass following the merger as banking offices meeting at (407) 327-1800, Extension
wishing to appealany
decision f the City Council with respect to any }ter Self Storage Intents to sell the Property of Fairwinds Credit Union. 236.These are public hearings.If you
considered will need a rein d of the proceedings andy wish to ensure that a described decide to appeal any recommendation/
verbatim record is made,including the testimony and evidence on which the appeal A • - • below to enforce a lien imposed on said This notice is published pursuant to the decision made by the City Commission
is to be based. A copy of al,Final Assessment Resolution will be available in the . property under the Florida Self Storage Federal Deposit Insurance Act. with respect to any matter considered
City Clerk's Office,City Hall,2nd floor. IN THE NINTH JUDICIAL CIRCUIT IN AND FOB Facility at this meeting,you will need a record
At the request of the owners of the properties proposed to be assessed,Assessments ORANGE COUNTY,FLORIDA Act(Section 83-80-83.809). The Any person wishing to comment on of the proceedings, d for h
have been proposed for the purpose of supporting the provision of charity health CASE#2019 CP-001402-0 ill sell at public auction for CASH the Application ay file his or her paurp ores,you may need to ensure that
e by the City's hospitals to the indigent embers of the Central Florida PROBATE DIVISION through iS in writing with the Regional v batim record of the proceedings is
Community onoomY. bRes of in will hospitals os important contributors to IN RE:THE ESTATE OF JACALVN pe}hive bidding June 12,2019 Director(DOS)of the Federal Deposit de upon which the appeal is based.
the City's c y. The Resolution II gross ipatient 1 the EVANGELINE DALMIDA-HILL, }12:30 PM or the
At Compass Insurance Corporation 1 its regional Interested parties advised that
hospitals for the purpose of creating Intergovernmental Transfersrto the Florida Deceased Self Storage 800 Greenway Prof. office located at 10 Tenth Street,N.W., they m y appear at the meeting and
Agency for Health Core Administration,thereby
maximizing the availability and NOTICE TO CREDITORS Cf. Orlando FI. 32824 (407)438-9334, Suite 800,Atlanta,Georgia 30309-3849, be heard with respect to the proposed
payment of federal tch funding for the pment of uncompensated charity The administration f the tate f Auctioneer Jerry Mahaffey not later than June 3,2019, (less the ordinance.
a to insure continued access of health care services to Central Florida's indigent JACALVN EVANGELINE DALMIDA- License#AB2314,AU1139 will be on site mme 1 period has been extended or
community members.A more specific it of the Assessment is set forth in HILL,deceased whose date of death with 15%BP. ceop,n,d in accordance with the FDIC's OSC6290323 5/29/2019
the Initial Assessment Resolution to be considered for adoption by the City Council April 3, 2019 per,
the regulations. The non confidential
on June 3,2019. Copies of the Initial Assessment Resolution and the preliminary portions of the application a on file NOTICE OF AGENCY ACTION TAKEN BY THE
assessmet roll will be available for inspection at the Office of the Chief Financial Circuit Court for ORANGE COUNTY, Unit in the corporation's regional office and $T JOHNS RIVER WATER MANAGEMENT
Officer,City Hall,4th floor. FLORIDA, PROBATE DIVISION, 1101 Patti Van Dam , a DISTRICT
FILE 42019 CP-001402 the address of 1206 Dolores Rocha are
v'table for inspection during
Assessments will be payable fora periodof no more than one(1)year,commencing regular business hours. Photocopies of Notice is given that the following
June 17,2019,,and will be collected either directly by the City or on the ad valorem hich is 425 North Orange Avenue, 1656 Julie LYden he information in the non-confidential Permit was issued on May 17,2019.
tax bill,a cut
by Sec.197.3632,Florida Statutes. Failure to pay the Orlannp,Floridaa32801. 1658Jonathan Cruzado Orange County Public Works
The d ddres ses f the 2400 Miguel Vasquez Portions of the application file will be
assessment could result in foreclosure of the Assessment Tien and mal result in a personal representative and the made available upon request. Department, 4200 South John Young
tacertificate being issued against the property which may result in a loss of title. Parkway, Orlando, FL 32839 permit
Assessments may be prepaid at the option of the property owner. If you have any per sonal representative's attorney are Contents on the above includes House #103416-7. The prosect is located
1 forth below. All dito rs f the goods,furniture,boxes. Friends Bank
questions,please contact the City's Chief Financial Officer at(407)246-23in
41. decedent and other persons,who have New SYmma Beach,Florida Orange County,Sections 13, 14, and
OS6300154 5/29/2019 claims or demands against decedent's OSC6290557 5/22/2019,5/29/2019 Fairwinds Credit Union 15, Township 22 South, Range 30
Orlando,Florida East. The rpaermit authorizes a surface
estate, including -matured, water management system on 49.0
NOTICE UNDER FICTITIOUS NAME coittiwho have beenigserdved da copy of _ 016269766 5/4.5/17.5/29/2019 cres for e adway alignment
TO WHOM IT MAV CONCERN: this notice,must file their claims with ' NOTICEOF PUBLIC SALE known s Richard Crotty Parkway
the rt WITHIN THE LATER OF In Accordance wfh Florida State Segments TA and 1B,from.Slate Road
• .. - Notice is hereby given that the under- cou UNITED STATES DISTRICT COURT FOR THE and to satisfy 436 (Semoran Boulevard) to Harrell
signed pursuant to the "Fictitious THREE (3) MONTHS AFTER THE MIDDLE DISTRICT OF FLORIDA Statute 87.805 contents of the Road. The receiving water body is
LEGAL ADVERTISEMENT Name Statute",Chapter 865.09,FIori- DATE OF THE FIRST PUBLICATION Pe rotor's lien, the Little Econlockhatchee,Crane Strand,
OF THIS NOTICE OR THIRTY DAYS following units will be sold at a public
da Statutes,will register with the Divi- Civil Action No.5:18-CV-5160C30PRL Corrine Canal.
of Corporations,Department f AFTER THE DATE OF SERVICE OF PATRICE POWELL-GACHAU, n auction to the highest bidder for cash A
For a list of current City of Altamonte Person whose substantial interests
Springs solicitations(quotes,bids,and State, State of Florida A COPYr OF THIS NO of CE. behalf f herself and other similarly r Fier: r or may be affected has the right
Proposals, etc.), interested parties Pon receipt of this notice. All cher ditors f the decedent situated, Date:June 6,2019 Time:10:30 AM to, questa administrative hearing
the fictitious name,to-wit: and other persons who have claims or At: United Stor-AII,7400 W Colonial
should visit r web site 1 htip:// Drive,Orlando,FL 34818 by filing a written petition with the
w.alta monte.org/Solicitat ion List. Fokus&Results demands agoInst the decedent's estate, Plaintiffs) _ St.Johns River Water Management
under which(I )(we are)engaged including - atured, contingent Tenant's Name Property
Interested parties should ,quest unliquidated laims, 1 file (Mi scellaneous Household ltemsunless District(District).Pursuant to Ch apter
the solicitation documents directly business at 5325 Fantasy Way That FLORIDA HOME COMPANION,LLC, 28-106 d Rule 40C-1.1007, Florida
from our
up
web site to ensure the(party)(parties)interested in said their laims 'ih this rt WITHIN a Florida Limited Liability Company, therwise specified) Administrative Code (F.A.C.), the
business enterprise is as follows: THREE (3) MONTHS AFTER THE and KHOA MA,individually, Rodney James
notification f solicitation updates. Petition must be filed(received)either
He R.Costa Lima DATE OF THE FIRST PIT
Edward Robinson
For assistance, e it procurements OF THIS NOTICE, ALL CLAIMS Rodney Leath Cl delivery at the office u the District
Altamonte.org or call 407-571-8079. 5375Fantasy WaY Defendant(s) Clerk 1 District Headquarters, P.O.
Dated at Leesburg, Lake County NOT SO FILED WILL IT FOREVER Alison Delaney Box 1429,Palatka FL 32178-1429(4049
OS/Ole OS/O5, 05/08, 05/12, OS/15, 05/19, Florida,05/29/2019 BARRED. NOTWITHSTANDING SUMMONS INACIVILACTION Ahmed Zoobi Reid St, Palatka, FL 321 717) r by
THE TIME PERIODS SET FORTH Clarence Witter
05/22,05/26,05/29/2019 e-mail with the District Clerk at Clerk@
LAK ABOVE, ANY CLAIM FILED TWO To:(Defendant's name and address) Sonia White irwmd.com, within twenty-one (21)
OS6251061 2019 (2)YEARS OR MORE AFTER THE KHOA MA Monica Alford days of newspaper publication of the
DECEDENT'S DATE OF DEATH IS 851 W State Road 436,Suite 1057 OS6201341 05/22,05/2949 notice of District decision (for those
NOTICE UNDER FICTITIOUS NAME BARRED. Altamonte Springs,FL 32714 persons to whom the District does not
The first date of PUBLICATION of this PUBLIC NOTICE ail or email actual notice).A petition
TO WHOM IT MAY CONCERN: tore is 5/22/2019. A lawsuit has been filed against you. The School Board of Lake County,grant
} comply with Sections 120.54(5)
Notice is hereby given that the under- Attorney for the Personal is In the process of submitting grant (b)4. a d 120.569(2)(c), Florida
gned pursuant to the 'Fictitious Representative Within 21 days Fier ser ice f this Proposalsto the Florida Department of Statutes (F.S.), and Chapter 28-106,
Name Statute",Chapter 865.09,Flon Nadine A.Brown,Esq. sum o you(not counting the day Education for the upcoming Year. F.A.C. The District ill not accept
do Statutes,wil l register with the Divi- Florida Bar 40123013 mons These grants will include: p¢}ition sent by facsimile (fax).
NOTICE UNDER FICTITIOUS NAME of Corporations,Department f Law Office of Nadine A.Brown,P.A. You d it)-oro 60adays if you are 1.Individuals with Disabilities Mediation pursuant to Section 120.573,
the United States United States
State, State of Florida 1073 Willa Springs Drive#1017 Education Act (IDEA), Part B, F.S., ay be av ilable and choosing
TO WHOM IT MAY CONCERN: upon receipt of this notice. Tel:(407)678-2224 noted or es officeror employee R.
the Entitlement. mediation does not affect your right to
Notice is hereby given that the under- United States described in Fed.R.Civ. administrative hearing.
the fictitious name,to-wit: Personal REPRESENTATIVE 2.Idea,Part B,Preschool Entitlement
N.
pursuant a the 'Fictitious KCI VIRGINIAADINA THOMAS P.12(a)(2)or(3)-You must Serve on for Children With Disabilities Ages q petition for administrative
Name Statute",Chapter 865.09,Flori- under which(I a )(we are)engaged 7630 Harbor Bend Circle complaplaiint
an answer to the attached 3-5.There's grantplanningmeeting hearing is deemed filed upon receipt
do St.,
will register with the Divi- in business 1 4445 Edgewater Dr. Orlando,Florida 32822 Plaint or a motion under Rule 12 of s heduied for June 3,2019 12:00 Noon f the complete petition by ion District
s inf Corporations,Department f the Federal Rules f Civil Procedure.
State, State of Florida Orlando, FL 32804 That the (party) Tel:(407)885-9024 The answer or motion must be served t the Lake County School Board,ESE Clerk at the District Headquarters in
(parties) interested in said business Conference Room, 201 W. Burleigh
Aon receipt of this notice. enterprise is as follows: OS6295190 5/22,5/29/2019 o the plaintiff or plaintiffs'offomey, Palatka,Florida during the District's
the fictitious name,to wit: Konoeyyi Carma,Inc. hose name and address are: Boulevard, Tavares, FL. Anyone regular business hours.The District's
Amazon Mortgage 9995 Ed ter Dr. Andrew R. Frisch, Esq./Chanelle J. wanting to have input into this process regular business hours re 8 -5
under which(I )(we are) gaged gewa Ventura,Esq. is invited to participate perp.,excluding weekends and District
Dated at Orlando,FL,Orange County,
business at 310 A Main St.Lebanon, Florida,05/25/2019 - Morgan&Morgan,P.A. OS6291943 5/21 5/31/2019 holidays. Petitions re 'ved by the
NJ 08833 That the (party) (parties) 600 N.Pine Island Road,Suite 400 District Clerk Fier ripe District's
interested in said business enterprise ORG Plantation,F L 33324 CITY OF WINTER SPRINGS NOTICE OF PUBLIC gut or business hours shall be deemed
I as follows: T:(954)318-0268 F:(954)327-3039 HEARING filed as of 8 a.m.on the District's next
Nationwide Mortggage Bankers,Inc. IN THE CIRCUIT COURT NINTH JUDICIAL Email: frisch�forthepeople.com; NOTICE IS HEREBY GIVEN THAT regular business day. The District's
310A Mam St. CIRCUIT,IN ANO FOR ORANGE COUNTY, cventura�forthepeople.com THE PLANNING AND ZONING cc pt.nce f petitions filed by e-mail
Dated 1 Lebanon,Orange County NOTICE UNDER FICTITIOUS NAME FLORIDA CASE N0.70-125 BOARD/ i biers to ertain condition, set
Florida,05/26/19 IN RE: VALENCIA WATER If you fail to respond, judgment by LOCAL PLANNING AGENCY
is
in the District's Statement of
TO WHOM IT MAY CONCERN: CONTROL DISTRICT default will be entered against You for AND CITY COMMISSION Agency Organization d Operation
ORG6303913 05/29/19 TO ALL OWNERS OF LAND WITHIN the relief it in the ompimnt. PROPOSE TO CONSIDER: (issued pursuant to Rule 28-101.001,
N once is hereby g iven that the under- VALENCIA WATER CONTROL Vou also t file your a Florida Administrative Code),
which
signed pursuant to the 'Fictitious v ilable for vie o 1
NOTICE UNDER FICTITIOUS NAME DISTRICT motion with the court. ORDINANCE NO.2019-09 is a
Name Statute",Chapter 865.09,FIori- irwmd.com.These conditions include,
do Statutes,will register with the Divi- YOU ARE HEREBY NOTIFIED that, CLERK OF COURT AN ORDINANCE OF THE CITY
TO WHOM IT MAY CONCERN: sion of Corporations,Department f but are t limited to, the petition
Notice is hereby given that the under- State, State of Florida pursuant to Section 298.12, Florida Elizabeth Warren COMMISSION OF THE CITY OF being' the form of
PDFo TIFF
'gned pursuant to the "Fictitious Aon receipt of this notice. Statutes,the Annual Meeting f All Signat1 re of C l erk or Deputy Clerk WINTER SPRINGS, FLORIDA; file and being capable f being stored
Name Statute",Chapter 865.9,FIori- upon
fictitious name,to wit: Landowners thin the VALENCIA Date:10/5/2018 AMENDING APPLICATION, and printed by the District.Further,
da Statutes,will registerwithihe Divi- pCDCleaning WATER CONTROL DISTRICT, NOTICE, REVIEW CRITERIA, pursuant to the District's Statement of
of Corporations,Department f under which(I )(we are)engaged co posted by an Order of the Circuit OS6206290 5/15,5/22,5/29,6/5/2019 AND PROCEDURES REGARDING Agency Organization and Operation,
State, State of Florida 'n business at PO Box 720728 That the Court in d for Orange County, SPECIAL ZONING PERMITS AND }tempting to file petition by
Aon receipt of this notice. (party) (parties) interested in said Florida o May 27,1970, ill be held OTHER LAND USE PERMITTING facsimile(fax)is prohibited and shall
the fictitio us name,to wit: business enterprise is as follows: Tuesday,June 11,2019 at 1:00 P.M. ONLINE DECISIONSMAKING CONFORMING }constitute filing.
Fellowship Home Lenders Nieole Wood t the Lake Ridge Village Clubhouse, AMENDMENTS TO THE CI TV The right to an administrative hearing
under which(I )(w,are) gaged 656/Meritmoor Cirole 10630 Larissa Street, wiiramsbarg, Orlando Sentinel Classified CODE PROVIDING FOR THE d the relevant procedures to be
business at 310 A Main St.Lebanon, Dated 1 Orlando, Orange County Orlando,Florida 32821,for the purpose REPEAL CF PRIOR INCONSISTENT followed e governed by Chapter
NJ 08833 That the (party) (Parties) Florida,05/25/2019 f electing on mb,r to a five-Year Automotive ads can be seen ORDINANCES AND RESOLUTIONS; 120, Florida Statutes, Chapter 28-
interested in said business e terprise term; o e member to a three-year INCORPORATION INTO THE 106, Florida Administrative Code,
is as fol lows: ORG FL term and
e member
to a two-year on OrlandoSentinel.com and CODE; SEVERABILITY AND AN d Rule 40C- 1.1007, Florida
Nationwide Mortgage Bankem,lno. term to the Board of Supervisors, EFFECTIVE DATE. Administrative Code. Because the
310A Ma in St.Lebanon,NJ OBB33 which an bets must
be ow r of Cars.com.When it's time to dminisirative hearing process is
Dated 1 In
County,Florida, NOTICE UNDER FICTITIOUS NAME land in id Disirictuand a resident of PLANNING AND ZONING BOARD/ designed to formulate final agency
5/23/2019 Orange sCounty,and to conducts h sell ourvehicle,give usd LOCAL PLANNING AGENCY PUBLIC tion,thefil ingof a petition means the
TO WHOM IT MAY CONCERN: other business as may come before the y 9 HEARING WILL BE HELD ON District's final action may be different
OSC6303970 5/29/2019 Notice is hereby given that the under- Meeting,to be followed by the Annual call and lace our ad in the from the position taken by'1 in this
signed pursuant to the "Fictitious Meeting of the Board of Supervisors. p y WEDNESDAY,JUNE 5,2019 AT 5:30 notice. Failure to file a petition for
Name Statute",Chapter 865.09,FIori- I P.M. OR SOON THEREAFTER IN administrative hearing within the
BUSINESS OWNERS do Slatutes,will register with the Divi- "Persons are civised that if they paper and online. THE COMMISSION CHAMBERS requisite time frame Shall constitute e
s onof Corporations,Department of decide to appeal Y decisions made LOCATED AT THE WINTER waiver of theright to an administrative
Buy IOW, sell high! Place State, State of Florida at these meetings/hearings,they will Call 1-800-669-5757 or SPRINGS CITY HALL, 1126 EAST hearing.(Rule 28-106.1 Hadmi.C.).
Aon receipt of this notice. e,d a record of the proceedings and STATE ROAD 434,WINTER SPRINGS, IfWoo wish to do so,please visit htip:
your professional SerVICeS the fictitious name,to wit: for usuch purpose they may e d to visit OrlandoSentinel.com/ FLORIDA. wmd.com/nor_dec/to read the
CJTORTOISES AND MORE ens re that a verbatim e rd of the omplete Notice of Rights to determine
under which(I )(we are)engaged Proceedings is ade which includes advertise CITY COMMISSION PUBLIC ann legral rights you aY have
ad In the Orlando Sentinel business at 209 sawyerwood pl That he testimony and evidence upon which HEARING concerning the District's decision(s)
the(party)(parties)interested in said the appeal to be based,per Section FOR SECOND READING on the permit up
ation(sI described
Classified section at business enterprise is as follows: 29 05,Florida Statutes." WILL BE HELD ON above.You can also request the Notice
JUDY LYNN HAMILTON Look for Orlando Sentinel f Rights by contacting the Director of
OrlandoSentinel.com/ 209 sawyerwood pl "In a ordance with the Americans MONDAY,JUNE 10,2019 AT 6:30 P.M. Business and Administrative Services,
Dated 1 Oviedo,Seminole County, with Disabilities Act, any person CareerBuilder in Sunday's OR SOON THEREAFTER IN THE 4049 Reid St.,Palatka,FL 32177-2529,
Florida,05/28/2019 requiring special accommodations at COMMISSION CHAMBERS LOCATED tele.no.(386)329-4570
advertise this meeting because of disability or paper. AT THE WINTER SPRINGS CITY
SEM6300122 05/29/2019 physical impairment should contact the HALL,1126 EAST STATE ROAD 434, OS6304005 5/29/2019
EXHIBIT "A"
Sec. 20-323.-Permitted uses.
T1 T2 T3 T4 T5 C/P
Administrative public buildings P P P
5€ �€ _S€
Adult congregate living facility
CU CU CU
S€
Advertising agencies P P
CU
Alcoholic beverage sales (package) P P
Alcoholic beverage on-premises consumption P P
Alterations and tailoring P P P
Amusement enterprises, private commercial
CU CU
Antique and gift shop P P P
Appliances, sales and service P P
Artists' studios P P P
CE
Automobile Repair Shops (routine service)
CU
�€ �€
Automotive accessories sales
CU CU
Bakery,wholesale and retail I P P P
Bed and breakfast inn P P P
Bicycles, sales and service P P P
Bookkeepers P P P
Bookstores, stationery, newsstands P P
Bus terminal (exclusive of bus stops)
CU
Bridal shops P P
Butcher shop, retail only P P P
Carpets, rugs and linoleum P P
Churches (with or without educational and recreational buildings and SS€ Ss EZ
facilities) ICU ICU ICU CU CU
Cleaners (Retail) P P P
Coin dealers P P P
Computers, hardware and software sales and service P P P
Confectionery and ice cream stores P P P
Convention center P P
CU
Corner store or neighborhood convenience store without gas pumps I P P P
S€
Corner store or neighborhood convenience store with gas pumps
CU
Dance and music studios P P P
Day care centers
CU CU CU
Drug and sundry stores P P
Dry cleaner P P
Equestrian facilities
ICU ICU CU
I
Employment agencies P P
Financial institutions, banks, savings and loan
CU CU
Florist and gift shops P P P
Furniture, retail, new and used P P
-S€ �€
Gas Stations
CU CU
Grocers, retail and wholesale P P
CU
S€
Gun shop (retail, no gun range) P P
CU
Hair, nail and tanning salons P P P
Hardware stores P P
Health food P P P
Hobby and craft shops I P P P
Home occupations P P P
Hospitals and nursing homes
CU CU
Hotel P
Inn P P
Insurance P P P
Interior decorating and draperies P P P
Jewelry stores P P P
Launderettes and Laundromats
CU CU
Libraries P P P
Loan companies
CU CU
Locksmiths P P P
Luggage shops P P P
SE
Manufacturing and assembly of scientific and optical precision instruments P P
CU
Medical clinics and laboratories P P
S€ SE -SE-
Municipal
€Municipal buildings P
CU CU CU
Museums and/or cultural institutions P P
CU
-S€
Nurseries, plants,trees, etc., retail
CU CU CU CU
Offices P P P P
Paint store P P
S€ S€
Parking garages, standalone P
CU CU
Parks (public) and public recreation areas and facilities P P
Pet shops and grooming P P P
Photographic studios P P P
Physical fitness and health clubs P P
Post office (federal government) P
CU CU
Printers, commercial
CU
S€
Private clubs and lodges P P
CU
Public restrooms P
Public utilities and service structures
CU CU CU CU CU CU
D Pe.FF;gi#Pd I',;(a
Quick printers P P
Radio and TV broadcasting studios, excluding towers P P
Radio and TV sales and service P P
Reception facilities (meeting rooms, etc.) P P P
Rental stores, excluding auto/truck rentals P P P
Retirement homes, including independent living through assisted living
CU CU CU
Residential, single family(attached) P P P
Residential, single family(detached) P P
CU
Residential, multifamily
CU CU
Restaurants P P P
S€ S€ €
Schools
CU CU CU
Shoe repair shops P P P
Sidewalk cafes P P P
�€ -S€ -S€
Skating rinks
CU CU CU
Snack shops P P P
Sporting goods, retail I P P P
_S€ _S€
Stadiums and arenas
CU CU
�€ S€ �€
Swimming pools; sales, service and supplies
CU CU CU
Tailoring shops P P P
Taxidermists
CU CU
Theaters, not drive-ins P P
Title companies P P
CU
_S€ _€
Tobacco shops
CU CU
Town Center marketing and sales center P P P P
Toy stores P P P
Trail heads P P P P P P
Travel agencies P P P
Veterinary clinics (no overnight boarding) �€ �€
�Cu
�Cu
Wearing apparel stores P P P
Any other similar retail store or business enterprise permitted in the relevant
transect, provided the proposed use is not specifically limited to a different
Town Center transect or some other zoning district within the city and N
provided a conditional use s^^^idn' n.,Li^^ is approved by the city
commission. Approved s^^ria' ^xr^^*i^^; conditional use may be conditioned CU CU CU CU
upon a required development agreement at the discretion of the City
Commission or as required by the City Code to address development terms
and conditions related to the approved conditional use s^^ri^' exr=ep ^^ use.
P—Permitted by right.
CU—Conditional Use.
SE—Cnnrial nvreption FegUiFed